Ch. 252

2003 LAWS OF MARYLAND

QUORUM, may reprimand a restricted license holder, may place any restricted license
holder on probation, or suspend or revoke a restricted license for any of the grounds
for Board action under § 14-404 of this title.

(2) THE BOARD MAY ONLY DISMISS A CASE AGAINST A RESTRICTED
LICENSE HOLDER ON THE AFFIRMATIVE VOTE OF ITS FULL AUTHORIZED
MEMBERSHIP A MAJORITY OF ITS QUORUM.

14-401.

(a)     The Board shall perform any necessary preliminary investigation before
the Board refers to an investigatory body an allegation of grounds for disciplinary or
other action brought to its attention.

(b)     If an allegation of grounds for disciplinary or other action is made by a
patient or a family member of a patient [in a standard of care case] BASED ON §
14-404(A)(22) OF THIS SUBTITLE and a full investigation results from that allegation,
the full investigation shall include an offer of an interview with the patient or a
family member of the patient who was present on or about the time that the incident
that gave rise to the allegation occurred.

(c)      (1) Except as otherwise provided in this subsection, after performing any
necessary preliminary investigation of an allegation of grounds for disciplinary or
other action, the Board may:

(i) Refer the allegation for further investigation to the [Faculty]
ENTITY THAT HAS CONTRACTED WITH THE BOARD UNDER SUBSECTION (E) OF THIS
SECTION;

(ii) Take any appropriate and immediate action as necessary; or

(iii) Come to an agreement for corrective action with a licensee
pursuant to paragraph (4) of this subsection.

(2)     [(i)] After performing any necessary preliminary investigation of an
allegation of grounds for disciplinary or other action, the Board shall refer any
allegation [involving standards of medical care, as determined by the Board, and any
allegation based on § 14-404(a)(19) to the Faculty] BASED ON § 14-404(A)(22) OF THIS
SUBTITLE TO THE ENTITY OR ENTITIES THAT HAVE CONTRACTED WITH THE BOARD
UNDER SUBSECTION (E) OF THIS SECTION for further investigation and physician
peer review within the involved medical specialty or specialties.

[(ii) The Faculty may refer the allegation for investigation and
report to the appropriate:

1.       County medical society; or

2.       Committee of the Faculty.]

(3)     If, after performing any necessary preliminary investigation, the
Board determines that an allegation involving fees for professional or ancillary
services does not constitute grounds for disciplinary or other action, the Board shall
offer the complainant and the licensee an opportunity to mediate the dispute.

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